Does a district attorney's petition to extend appellant's commitment violate the September 19, 1980 plea bargain?

California, United States of America


The following excerpt is from People v. McIntyre, 209 Cal.App.3d 548, 257 Cal.Rptr. 271 (Cal. App. 1989):

We conclude that the district attorney's petition to extend appellant's commitment did not violate the September 19, 1980 plea bargain nor did the commitment order itself.

[209 Cal.App.3d 553] 2. Appellant was improperly advised of the consequences of his plea.

If People v. Lomboy (1981) 116 Cal.App.3d 67, 171 Cal.Rptr. 812 is retroactive the instant judgment must be reversed.

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